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Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

A look at several recent news items.

Features

Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive Image

Foreseeable Harm to Third Parties Keeps Claim Against Drug Makers Alive

Janice G. Inman

Alabama's Supreme Court in January rendered a potentially far-reaching decision in a case pitting a consumer against drug manufacturers. While its holding applies only to cases brought in Alabama, the court's decision may lead to that state's becoming the preferred forum for certain types of drug litigation:

Features

Informed Consent and Res Ipsa Loquitur Image

Informed Consent and Res Ipsa Loquitur

Roseann Brenner & Elizabeth A. Syer

Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) <I>res ipsa loquitu</I>r. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?

Features

The New Estate-Planning Environment Image

The New Estate-Planning Environment

Martin M. Shenkman

Two recent events have dramatically changed the face of estate planning and each will have a significant impact on divorces for years ' likely decades ' in the future. This article explores each of these two factors.

Features

The Supreme Court Hears Arguments on Proposition 8 and DOMA Image

The Supreme Court Hears Arguments on Proposition 8 and DOMA

Frank Gulino

Questions posed by the Supreme Court may portend rulings not on the merits.

Features

Nursing Home Arbitration Provisions Image

Nursing Home Arbitration Provisions

Adam L. Appel, Andrew W.Countryman & Kim Ruder

What is the enforceability of nursing home arbitration clauses? A look at federal and state rulings.

Features

Reverse Triangular Mergers Image

Reverse Triangular Mergers

Robert S. Reder

Contracts may represent the most important assets of a corporation. The counterparties to those contracts, wary of changes in the identity of the corporation that could follow an M&amp;A transaction, usually seek to restrict those changes by negotiating anti-assignment clauses.

Features

LegalVIEW Data Shows Litigation Up, Legal Spend Down Image

LegalVIEW Data Shows Litigation Up, Legal Spend Down

Sue Reisinger

The two hottest litigation areas these days are wage-and-hour and regulatory/compliance cases. But that isn't translating into more legal spending by corporate law departments.

Features

The Final Countdown Image

The Final Countdown

Timothy B. Collins & Amanda E. Layton

The year 2014 ushers in the most significant changes to date: the implementation of Health Benefit Exchanges (Exchanges) and employer "shared responsibility" provisions. Here's what you need do now.

Features

The EEOC's Strategic Enforcement Plan Image

The EEOC's Strategic Enforcement Plan

J. Randall Coffey

For General Counsel looking for a cost-effective way to reduce risk and to stay off the EEOC's radar, knowing what the EEOC's national priorities are and conducting a self-audit in these six areas is a good start.

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